Nesselroad v. Parrish
Supreme Court of Iowa
Appeal from Guthrie District Oourt. Action to establish a disputed corner. The petition states that John Parrish and O. W. Wright are each the owners of land contiguous to the disputed corner, and that Wright is a non-resident of Guthrie county, in which the land 'is situated, and is unknown. The petition was not sworn to, nor was any affidavit filed showing that Wright was a non-resident of the county and unknown.
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Appeal from Guthrie District Oourt. Action to establish a disputed corner. The petition states that John Parrish and O. W. Wright are each the owners of land contiguous to the disputed corner, and that Wright is a non-resident of Guthrie county, in which the land 'is situated, and is unknown. The petition was not sworn to, nor was any affidavit filed showing that Wright was a non-resident of the county and unknown. The notice, however, which was intended to make him a party to the proceedings, was given only by publication. The defendant Parrish appeared, and resisted the appointment of a…
1Opinion of the CourtAdams, J.
i BouxDAiir juriHiaJon.' I. This proceeding was instituted under chapter 8 of the Laws of the Fifteenth General Assembly. That. statute provides that if any one of the adjacent owners is unknown, and does not reside in the-county, notice may be served upon him by publication. It is not provided that any evidence shall be filed either by affidavit, sworn petition, or otherwise, that the person served by publication is unknown' and á non-resident of the county. In this, case none was filed unless the unsworn statement in the petition be considered as evidence, and we do not think it can be..…
2Cited by4 opinions
- Nesselrode v. ParishSupreme Court of Iowa · 1882
- Kraft v. TennigkeitSupreme Court of Iowa · 1927
- Neary v. JonesSupreme Court of Iowa · 1893
- Dittmer v. MierandorfSupreme Court of Iowa · 1906